Wabash Railroad v. Linton

This was an action for damages resulting from the alleged wilful killing by appellant of appellee’s horse. The complaint was in two paragraphs. A demurrer was sustained to the first paragraph of complaint, and overruled to the second paragraph. As the case must be reversed on account of the insufficiency of the second paragraph of complaint, this will be the only question considered by the court.

It is admitted by appellee that the theory of his complaint is that the injury was wilfully committed. The objection that the complaint does not aver that the appellee was without fault or negligence…